Terms of service

HARRIS SEEDS AND CUSTOMER RESPONSIBILITIES

Variety Selection and Cultural Practices

The varietal descriptions and cultural information in this catalog are based on the observations and experience of our employees, associates, and suppliers.
We strive to present the varietal and cultural information you need to choose appropriate varieties and raise them successfully.

However, growing conditions vary considerably depending upon geographic location, soil type, climatic conditions, pest or disease pressures, and
cultural practices. For those reasons, customers’ results may differ from our printed information.

We recommend that you consult your state’s agricultural extension service for varietal suggestions and cultural information specific to your local area. Although we do our utmost to provide accurate, helpful information and advice, you alone are ultimately responsible for the success or failure of your crops.

Plant Diseases

Many flower and vegetable species are susceptible to serious seed- and soil-borne diseases. Our seed is carefully grown, treated, and/or tested to prevent seedborne
infection. However, even our best efforts cannot guarantee absolute freedom from seed-borne disease, nor will they protect soil-borne organisms from attacking plants during growth. We try to offer superior varieties with tolerance or resistance to diseases whenever such varieties are available and adapted to your conditions. We urge you to look for these features as you plan your seed purchases.

Watermelon and Cantaloupe Disclaimers

Due to the potential liability of Watermelon Fruit Blotch (WFB) and Gummy Stem Blight (GSB) diseases with watermelon and cantaloupe seed, we require that one or more watermelon and cantaloupe release and disclaimer forms be signed and returned to us for all purchases of 1/4 lb. or 500 seeds or more of seeded varieties and for all purchases of seedless varieties, pollinators and Rogers® Brand cantaloupes.

ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES

The following notices and terms are provided, specific to Buyer’s state and the location of planting of the seed. Buyer agrees and acknowledges that where the Buyer has agreed to receive this addendum by electronic means, Buyer considers this addendum to have been included with and/or attached to the bag or label for the seed purchased.

ALABAMA

Code of Alabama Title 2, Chapter 26, Article 4 provides you an opportunity to submit a complaint to the Commissioner of Agriculture and Industry within ten (10) days of discovery of a claimed defect. Please consult Code of Alabama § 2-26-70 et seq. or your own attorney for further details.

ARKANSAS

Arkansas Code § 2-23-102 et seq. requires the following notice of arbitration:

NOTICE OF MANDATORY ARBITRATION

As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to produce as represented, a consumer shall file a sworn complaint with the Director of the State Plant Board within such time as to permit inspection of the crops or plants during the growing season.”

CALIFORNIA

California Code of Regulations Section 3915.1 requires the following notice:

ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES

Under the seed laws of several states, arbitration, mediation or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint along with the required filing fee (where applicable) with the Designated State Authority within such time as to permit inspection of the crops, plants or trees by the designated agency and the seedman from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute.

COLORADO

Colorado Revised Statutes § 35-27-123 requires the following notice. Reference is made to Colorado Revised Statutes § 35-27-122 for the procedures of the arbitration council.

NOTICE OF REQUIRED ARBITRATION

UNDER THE “COLORADO SEED ACT”, ARTICLE 27 OF TITLE 35, COLORADO REVISED STATUTES, ARBITRATION IS REQUIRED AS A PREREQUISITE TO CERTAIN LEGAL ACTIONS, COUNTERCLAIMS, OR DEFENSES AGAINST A SELLER OF SEED. INFORMATION ABOUT THIS REQUIREMENT MAY BE OBTAINED FROM THE COLORADO COMMISSIONER OF AGRICULTURE.

FLORIDA

Florida Statutes §§ 578.09 and 578.26(1)(c) require the following information be included for the grower:

Pursuant to Florida Statutes § 578.26(1)(a), when a buyer is damaged by the failure of seed planted in the State of Florida to produce or perform as represented by the labeling of such seed as required by Florida Statutes § 578.09, the grower is required as a prerequisite to her or his right to maintain a legal action against the dealer from whom the seed was purchased, the buyer must make a sworn complaint alleging the damages sustained. The complaint shall be filed with the Florida Department of Agriculture and Consumer Services (and the Department shall serve the dealer by certified mail) within such time to permit inspection of the property, crops, plants, or trees referenced in, or related to, the buyer’s complaint by the seed investigation and conciliation council or its representatives and by the dealer from whom the seed was purchased. Further procedures are set forth in Florida Statutes § 578.26(1)(a).

GEORGIA

Code of Georgia C.G.A. 2-11-72(a) and Rule 40-12-6 require the following notice: 

NOTICE OF REQUIRED ARBITRATION

Under the seed laws of several states arbitration is required as a prerequisite to maintaining a legal action against the seller of the seed in any dispute relating to the quality or performance of the seed sold. The purchaser shall file a complaint along with the required filing fee (where applicable) with the Commissioner or Chief Agricultural Officer within such time as to permit inspection of the crops, plant or trees by the designated agency and the seedsman from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute.

IDAHO

Idaho Code § 22-436 requires the following notice:

NOTICE OF REQUIRED ARBITRATION

Under the seed laws of some states, arbitration is required as a precondition of maintaining certain legal actions, counterclaims or defenses against a seller of seed. The buyer must file a complaint along with the filing fee with the Idaho Department of Agriculture within such time as to permit inspection of the crops, plants or trees. The buyer shall notify and serve a copy of the complaint upon the seller by certified mail.

ILLINOIS

Under the Illinois Seed Arbitration Act, 710 ILCS 25/1 et seq., a Buyer is required to submit to arbitration prior to any civil claim.

INDIANA

Indiana Code § 15-15-5-1 et seq. provides for arbitration under the following notice:

NOTICE OF REQUIRED ARBITRATION

Under the seed laws of Indiana and some other states, arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed. Information about this requirement, where applicable, may be obtained from a state’s seed commissioner or the Indiana State Department of Agriculture.

MINNESOTA

Minnesota Administrative Rules § 1572.0020 subd. 5 A. requires for the following notice:

Arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed for damages for the failure of seed for planting to produce or perform as represented by a seed tag or label.

MISSISSIPPI

Mississippi Code § 69-3-22 requires the following notice:

NOTICE: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to properly produce or perform, as represented by the label or labeling, a consumer shall file a sworn complaint with the Commissioner of Agriculture and Commerce within such time as to permit inspection of the crops, plants or trees.

MONTANA

Montana Code § 80-5-502 requires the following notice:

NOTICE
ALTERNATIVE DISPUTE RESOLUTION REQUIRED BY STATE LAW

Under Montana agricultural seed laws, alternative dispute resolution is required as a prerequisite to maintaining a legal action based upon the failure of the agricultural seed to which this notice is attached to produce as represented. The consumer shall file a complaint along with the filing fee, when applicable, with the Director of the Department of Agriculture allowing sufficient time to permit inspection of the crops, plants, or trees by the designated agency and the seller from whom the agricultural seed was purchased. A copy of the complaint must be sent to the seller by certified mail or as otherwise provided by state law.

NORTH CAROLINA

North Carolina Gen. Stat. § 106-277.31 requires the following notice:

Notice of Claims Procedure for Defective Seed

North Carolina provides an opportunity for persons who believe that they have suffered damage from the failure of agriculture or vegetable seeds to perform as labeled or warranted, or as a result of negligence, to have the matter investigated and heard before a special seed board as an alternative to filing a court action. To take advantage of this procedure, a purchaser of seed must file a complaint with the North Carolina Commissioner of Agriculture in time for the seed, crop, or plants to be inspected. Failure to follow this procedure will limit the amount of damages you may be able to recover. Please contact the Commissioner of Agriculture for information about this claims procedure.

SOUTH CAROLINA

South Carolina Code § 46-21-1010 requires the following notice:

ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES

Pursuant to the seed law of several states, arbitration, mediation, or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint along with the required filing fee, if applicable, with the Commissioner of Agriculture, Seed Commissioner, or Chief Agricultural Officer within that time as to permit inspection of the crops, plants, or trees by the designated agency and the seedsman from whom the seed was purchased. A copy of the complaint must be sent to the seller by certified or registered mail or as otherwise provided by state statute.

SOUTH DAKOTA

South Dakota Codified Law § 38-12A-21 requires the following notice:

NOTICE

As part of the terms and conditions of sale, you are required to submit any claim relating to the seed or resulting crops to arbitration. For more information about the timing and process for submitting such a claim, please refer to S.D.C.L § 38-12A-23 through 26.

TEXAS

Texas Agriculture Code § 64.003 requires the following notice: 

NOTICE OF REQUIRED ARBITRATION

Under the seed laws of Texas, arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed. Information about this requirement may be obtained from the state commissioner of agriculture.

WASHINGTON

When a buyer is damaged by the failure of any seed covered by this chapter to produce or perform as represented by the required label, by warranty, or as a result of negligence, the buyer, as a prerequisite to maintaining a legal action against the dealer of such seed, shall have first provided for the mediation of the claim. Any statutory period of limitations with respect to such claim shall be tolled from the date mediation proceedings are instituted until ten days after the date on which the mediation proceedings are concluded. Mediation proceedings are instituted from the date the buyer mails the dealer the buyer’s complaint with its request to engage in mediation as provided under Revised Code of Washington § 15.49.091.

IMPORTANT NOTICE TO BUYERS:

Harris hereby states, as its sole and express warranty, that the seeds and products it sells will conform to only those label descriptions that are required by State and Federal Seed Law or other applicable laws. THE HARRIS SEEDS COMPANY AND GARDEN TRENDS, INC. DISCLAIM AND MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, NOR ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, TO THE EXTENT PERMITTED BY STATE AND FEDERAL SEED LAW AND OTHER APPLICABLE LAWS, ALL SEEDS AND PRODUCTS ARE SOLD AS IS (TEL QUEL).

For dealers reselling Harris seeds, it is their responsibility to inform their customers of Harris Seeds’s conditions of sale and limited warranty.

Harris further disclaims any liability for any und all alleged seed-borne or product-borne disease losses, whether the alleged infection is seed borne. product-borne, or secondary-caused. Harris makes no representation regarding the seeds or products it sells as free from seed-borne or product-borne disease.

IN NO EVENT SHALL HARRIS OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER HARRIS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

HARRIS’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO HARRIS FOR THE PRODUCTS.

All orders are accepted subject to availability.

These disclaimers of warranties and limitations of liability of Harris may not he altered or amended except by an instrument, in writing signed by an authorized representative of Harris as designated by the President and CEO.

By acceptance of the seeds or products, the buyer acknowledges the disclaimers and limitations herein described are conditions of sale and that they constitute the entire agreement between the parties regarding warranty or any other liability. Any claim resulting from the use of seeds or products must be presented to the Harris within 30 days after any defect or other basis of such claim was discovered or should have been discovered during the growing season in which the seed or product was purchased. Harris will not assume any responsibility after the above-mentioned thirty 30-day period.

If the buyer’s inspection and testing reveals, to Harris’s satisfaction, that the products sold do not conform with the limited warranty set forth herein, Harris shall in its sole discretion, and at its expense (subject to the buyer’s compliance with the notice procedures set forth above), either (1) replace such products, or (2) credit or refund the price of such products less any applicable discounts, rebates, or credits. If Harris exercises its option to or replace, Harris shall, after receiving the buyer’s shipment of such products, ship to buyer, at buyer’s expense, the replacement products to buyer. Buyer has no right to return for repair, replacement, credit, or refund any products except as set forth herein or as otherwise required under applicable law.

Some states do not allow the exclusion or limitation of the incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

IT IS EXPRESSLY UNDERSTOOD THAT ANY TECHNICAL ADVICE BY HARRIS SEEDS COMPANY AND GARDEN TRENDS. INC. IN REFERENCE TO THE USE OF ITS PRODUCTS IS GIVEN GRATIS. FURTHERMORE. HARRIS SEEDS COMPANY AND GARDEN TRENDS, INC. DO NOT ASSUME ANY RESPONSIBILITY FOR THE ADVICE GIVEN OR THE RESULTS OBTAINED.

No waiver by Harris of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Harris. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement by Harris operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder by Harris precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege by Harris.